Killer of Denise Lee wants death sentence overturned

The man on Florida's Death Row for abducting and killing North Port mother Denise Lee in 2008 says his trial was unfair and he wants his death sentence overturned.

As part of a mandatory appeal, attorneys for Michael King, 40, told the Florida Supreme Court on Friday that the judge and prosecuting attorney improperly undermined King's main theory of defense — that evidence could not exclude King's friend and shooting-range partner Robert Salvador as the killer.

The attorneys also argued that the jury should not have been told that bullet casings found at the scene of the crime matched casings found at the shooting range where King had been earlier that day because it was not based on good science.

King's attorneys argued the former plumber's death sentence should be reduced to a life sentence in prison because of a sledding accident at age 6 that damaged King's brain, among other mitigating factors.

The jury that convicted King heard this and other evidence and unanimously voted for the death penalty, and the judge agreed. But King's attorneys say King's case has more reasons to go for a life sentence rather than death.

"The evidence in the penalty phase shows that despite a lifetime of difficulties largely caused by his brain damage and learning deficiencies, Michael King managed to live a useful life — gainfully employed as a plumber, never abusing alcohol or drugs, raising his son as a single father — until this inexplicable violent explosion on January 17, 2008," attorneys wrote in a motion.

The judge who sentenced King focused on the one piece of evidence that helped catch King and ultimately defined the case as one of Sarasota County's most heinous: Lee's desperate plea for help in a taped 911 call during the abduction.

The story of Lee's abduction and murder captivated the community and nation, from the frantic search for her that night to the missed chances to save her, including a mishandled 911 call.

Lee was cutting her son's hair on the lanai of her home on Jan. 17, 2008, when King abducted her. Her two children were left alone at the home.

King, a stranger to Lee, bound her with duct tape and repeatedly raped her at his home. He eventually shot Lee to death at point-blank range and buried her in a shallow grave in an undeveloped section of North Port.

During the ordeal, Lee helped build a case against King. She pulled off one of her rings and dropped it in King's car so detectives would know she had been there. She grabbed his cell phone and dialed 911 and tried to give a dispatcher clues to find her.

While pleading for her life, Lee never said a four-letter word, and never expressed anger. She said "please" 17 times.

The same jury that convicted King of abducting, raping and killing Lee also recommended 12-0 that King die for the crimes.

The appeal process is mandatory because King was sentenced to death, and this is the first chance King has had to challenge his conviction. The Florida Supreme Court will mull the arguments before issuing a ruling at a later date.